Mansfield v. Proper

Appellate Division of the Supreme Court of New York

Mansfield v. Proper

205 A.D.2d 829, 615 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 5821

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1994

StatusPublished

This text of 205 A.D.2d 829 (Mansfield v. Proper) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mansfield v. Proper, 205 A.D.2d 829, 615 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 5821 (N.Y. Ct. App. 1994).

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Opinion

Appeal from an order of the Supreme Court (Bradley, J.), entered September 22, 1993 in Ulster County, which granted plaintiffs’ motion to restore the action to the ready trial calendar.

Plaintiffs’ negligence action was dismissed by Supreme Court pursuant to CPLR 3404. Subsequently, plaintiffs moved to restore the action to Supreme Court’s ready trial calendar. We find no abuse of Supreme Court’s discretion to vacate its dismissal in this case. Our review of the record reveals that plaintiffs established that they did not intend to abandon the action and that the action may be meritorious. Further, there is sufficient excuse for the delay and defendant has suffered no prejudice thereby. We therefore affirm.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Appeal from an order of the Supreme Court (Bradley, J.), entered September 22, 1993 in Ulster County, which granted plaintiffs’ motion to restore the action to the ready trial calendar.

Plaintiffs’ negligence action was dismissed by Supreme Court pursuant to CPLR 3404. Subsequently, plaintiffs moved to restore the action to Supreme Court’s ready trial calendar. We find no abuse of Supreme Court’s discretion to vacate its dismissal in this case. Our review of the record reveals that plaintiffs established that they did not intend to abandon the action and that the action may be meritorious. Further, there is sufficient excuse for the delay and defendant has suffered no prejudice thereby. We therefore affirm.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

205 A.D.2d 829, 615 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 5821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mansfield-v-proper-nyappdiv-1994.